Mission

The mission of the Office of Zoning and Administrative Hearings is to conduct due process hearings in land use and other administrative matters in a manner that protects the rights of the participants, provides a complete record in each case, results in a thorough and balanced report or decision and serves the public interest.

Duties and Responsibilities

The OZAH performs a quasi-judicial function which involves the processing of applications for individual zoning and special exception requests, and conducting administrative hearings for Executive and Legislative Branch agencies.

OZAH is responsible for collecting filing fees and maintaining a current monthly hearing docket.

OZAH is also responsible for ensuring that applications contain required information, that proper notice is given to all interested parties, that adequate pre-hearing disclosure is made, that parties are accorded an opportunity to testify and cross-examine witnesses, and that the record includes all pertinent materials.

The hearing examiner must prepare and issue a report containing findings of fact and conclusions of law based on the evidence of the record which is referred to the ultimate decision maker (i.e., the County Council, the Board of Appeals, or other agencies using the hearing examiner's services).

OZAH issues a quarterly report of political contributions by zoning applicants and a quarterly report of workload and performance.

NEW - Rules of Procedure for Zoning, Conditional Use and BOA Referral Cases, effective October 30, 2014

On September 9, 2014, the County Council adopted Resolution No. 17-1210, approving new rules of procedure for zoning, conditional use and Board of Appeals referral cases before the Office of Zoning and Administrative Hearings. Those new Rules were amended on October 21, 2014, in Resolution 17-1249. The new rules will go into effect on October 30, 2014.

Accessory Apartments - New Regulations Effective May 20, 2013

Montgomery County has created a new filing process for Accessory Apartments designed to streamline the licensing process, making it easier for owners to pursue this option and increase the supply of affordable housing in the County.

Class 3 accessory apartment licenses are now issued by the Department of Housing and Community Affairs, Licensing and Registration. This new license type is for accessory apartments that do not have a special exception approved before May 20, 2013.

Please click here to go to the Department of Housing and Community Affairs page for more information on the process of applying for an accessory apartment license.

Weather Policy

When Montgomery County Schools are closed due to the weather, OZAH hearings will not be held. When Montgomery County Schools announce a late opening, OZAH hearings will be correspondingly delayed.